The Anti-monopoly Committee of the State Council has issued the Anti-monopoly Guidelines for the Platform Economy (Draft for Comments), which states that for horizontal monopoly agreements such as price fixing and market segmentation reached between operators in the platform economy, as well as vertical monopoly agreements such as fixed resale prices and minimum resale prices, anti-monopoly law enforcement agencies may not clearly define the relevant market in determining illegality. The draft for comments lists the following ways in which operators in the platform economy with competing relationships may reach horizontal monopoly agreements such as price fixing, market segmentation, production (sales) volume restrictions, new technology (product) restrictions, and joint boycotts of transactions: (1) Using the Platform to collect or exchange sensitive information such as prices and sales volumes; (2) Using technical means to communicate; (iii) using data and algorithms to achieve coordinated behavior; (IV) Other ways that help achieve coordination. Operators in the platform economy and their counterparties may reach vertical monopoly agreements such as fixing resale prices and limiting minimum resale prices through the following means: (1) Using technical means to automatically set prices; (2) Using platform rules to unify prices; (3) Using data and algorithms to directly or indirectly limit prices; (IV) Using technical means, platform rules, data and algorithms to limit other transaction conditions, exclude or restrict market competition. Although the Guidelines do not explicitly mention digital currency transactions, the relevant regulations may have an impact on relevant trading platforms in the digital currency industry. |
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